Settlement Of Property Disputes After Divorce

Divorce is a complex and emotionally charged process that involves the dissolution of a marriage and the division of assets. One of the most contentious aspects of divorce proceedings often revolves around property division. When two individuals decide to end their marriage, untangling their shared property can lead to heated disputes and legal complexities. This article delves into the intricacies of property disputes following divorce, offering both legal insights and practical considerations for those facing such challenges. If you have any questions, please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

1. Types of Property

Property subject to division typically falls into two categories: marital property and separate property.

Settlement Of Property Disputes After Divorce

1.1. Marital Property

This includes assets acquired during the marriage, such as real estate, vehicles, investments, and income earned during the marriage. In many jurisdictions, marital property is subject to division, regardless of who acquired it.

1.2. Separate Property

Assets owned by one spouse prior to the marriage or acquired through gifts or inheritance are generally considered separate property. These assets are usually not subject to division, although commingling them with marital assets could complicate matters.

2. What is a property dispute after a divorce?

Property dispute after divorce is a dispute over common property during the marriage period or separate property of a spouse when conducting a divorce that the parties cannot reach agreement on their own property and love. ask the Court to resolve.

Or, upon divorce, the involved parties do not request to settle the property, but after the divorce, the two parties have conflicts and disputes over interests in the division of property, unable to reach an agreement on their own to get general results. Accordingly, property is defined as property created by husband and wife from labor, business and production, income arising from each person own property and other incomes generated. In the process of husband and wife cohabitation, valuable properties are donated, inherited in the name of both husband and wife or other arising properties that are agreed to be included as common property.

Property which is land use right acquired by husband or wife after marriage shall be considered as common property, unless it is determined to be separate property of husband or wife when such property is given separately or private inheritance. Separate property is the part of property that an individual has owned since before marriage or arising during the marriage but has been given or inherited separately.

3. Principles of property division upon divorce

In principle, upon divorce, the common property will be settled according to the agreement and agreement of the involved parties, which are husband and wife. In case of disagreement, the Court will apply the basic principle that is to divide the common property of husband and wife in half.

Although it is determined to be split in half, not all cases follow the 50/50 rule, but also depend on the following factors:

• Family background factors of husband and wife
• Contributions of husband and wife to the common property in the process of living together
• Determining the fault factor in the violation of husband and wife obligations prescribed by the Law on Marriage and Family 2014
• Ensuring the interests of the parties in production and business activities to continue labor activities to generate income

4. Settlement of property disputes after divorce

Disputes over property after a divorce can be attributed to the intervention of local authorities. However, in cases where, after conciliation and negotiation, the results are still not reached, either party may file a lawsuit requesting the Court to settle the dispute.

A dossier of lawsuit for settlement of property disputes after divorce includes:

• The petition is prepared according to the form prescribed by law
• A valid copy of the identity card or citizen identification card, household registration book of the plaintiff (wife or husband)
• A valid copy of the identity card/citizen identification card, household registration book or similar legal documents issued by the competent authority of the defendant
• A declaration of the disputed property (common property or separate property) duly notarized
• In case of dispute over separate property, additional documents must be provided to prove that the property is separate property
• Copy of divorce decision

5. Procedures for resolving property disputes after divorce

To resolve property disputes after divorce, the following steps must be followed, including:

5.1. Prepare the petition file

• The petitioner (Plaintiff) prepares the lawsuit file including the documents according to the content above
• Pay court fees as prescribed

5.2. Where to apply

Plaintiffs proceed to file lawsuits at the People Courts of districts/districts according to the law or agreement

• If the object of dispute here is real estate, the plaintiff must file a lawsuit at the People Court where the disputed real estate is located.
• If the dispute has a foreign element, the District People Court will not have jurisdiction to settle it

5.3. Solve the case

The competent court will receive the lawsuit file and carry out the settlement procedures and open a trial

The time to settle a property dispute after a divorce is about 4 to 6 months, depending on the object of the property and the complexity of the case.

Settlement Of Property Disputes After Divorce

Property disputes after divorce are undoubtedly challenging, but understanding the legal framework, the types of property involved, and the factors influencing division can help individuals navigate this difficult terrain. Engaging in open communication, seeking legal advice, and considering the long-term impact of property decisions are key to achieving a fair and sustainable resolution during this emotionally charged time. For more detail, please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline: (+84) 903.419.4790

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